Welfare of Greyhounds Act 2011

15.

Removal of greyhound breeding establishment from register.

15.— (1) Where there has been a relevant contravention, a welfare officer or the Club may make an application for the removal of a greyhound breeding establishment from the register to the judge of the District Court sitting in the district court district in which the establishment is situated.

(2) Where a welfare officer or the Club proposes to apply to the District Court for an order under this section, the officer or the Club shall notify the person named in the register in relation to the greyhound breeding establishment in writing setting out the reasons for the application.

(3) If, by reason of a relevant contravention, the District Court considers that the removal of a greyhound breeding establishment from the register is necessary to ensure the safeguarding of the health and welfare of a greyhound, the court shall make an order directing the Club to remove the greyhound breeding establishment from the register.

(4) If the District Court is satisfied that there has been a relevant contravention in relation to a greyhound breeding establishment and is of the opinion that the safeguarding of the health and welfare of a greyhound or any other dog (including a bitch) kept at the establishment can be secured by means other than the making of an order under subsection (3), it may, for the purpose of safeguarding such health and welfare, make an order requiring the operator of that establishment to comply with such conditions as it considers appropriate.

(5) Where in accordance with this section, a greyhound breeding establishment is removed from the register—

( a) the Club shall enter a statement in the register that the greyhound breeding establishment has been so removed and a statement of the reasons for its removal, and

( b) the person named in the register in relation to the establishment shall immediately surrender the registration certificate in respect of that establishment to the Club.

(6) The Club shall comply with a direction in an order under this section.

(7) A person who contravenes subsection (5)(b) or a condition in an order under this section commits an offence.

(8) In this section “relevant contravention” means, in relation to a greyhound breeding establishment—

( a) the commission by the operator of the establishment of—

(i) an offence under this Act or the Act of 1986,

(ii) an offence involving cruelty to an animal, or

F4 [ (iii) an offence under the Animal Health and Welfare Act 2013 relating to a contravention of Part 2 or 3 or regulations made under section 36 of that Act, ]

( b) the commission of—

(i) an offence under this Act or the Act of 1986 in relation to the establishment,

(ii) an offence involving cruelty to an animal at the establishment, or

F4 [ (iii) an offence under the Animal Health and Welfare Act 2013 relating to a contravention of Part 2 or 3 or regulations made under section 36 of that Act, ]

( c) the contravention of this Act by the operator of the establishment or in relation to the establishment, or

( d) the contravention, in relation to the establishment, of—

(i) a condition attached to the registration of the establishment under section 12(9) ,

(ii) a condition referred to in section 14(3)(b) ,

(iii) a welfare notice under section 20 ,

(iv) a direction under section 21(4)(c) , or

(v) a condition specified in an order under subsection (4).

Annotations:

Amendments:

F4

Substituted (6.03.2014) by Animal Health and Welfare Act 2013 (15/2013), s. 78(b), S.I. No. 106 of 2014.

Editorial Notes: